Gujarat Court July 1976 Judgments
Devji Meghji Gangar and ors. Vs. Lalmiya Mosammiya (Since Deceased by ...
Court: Gujarat
Decided on: Jul-30-1976
Reported in: (1977)18GLR515
J.B. Mehta, J.1. These are two cross petitions against the order of the Revenue Tribunal, dated October 28, 1970, as the Revenue Tribunal has held that out of the three purchasers in the first petition, only Devji Meghji, petitioner No. 1, was an agriculturist; while the other two petitioners who had no land in this State and were not personally cultivating any land in the Gujarat State were not agriculturists. Both the parties have challenged the said decision in these two cross petitions.2. The respondents-holders in the first petition held four lands in question. The agreement of sale dated May 8, 1963, was entered into with these three purchasers for Rs. 73,551/- of which admittedly the total price of Rs. 26000 has been paid on or before May 25, 1964. The possession was given to these three purchasers on the very next day i.e. on May 9, 1963. As under Section 63 of the Bombay Tenancy and Agricultural lands Act, 1948, hereinafter referred to as 'the Act', permission was thought to b...
Tag this Judgment!Union of India (Uoi) Vs. Kanchanlal Trikamlal and ors.
Court: Gujarat
Decided on: Jul-23-1976
Reported in: (1977)18GLR289
A.D. Desai, J.1. The Customs Officers at Baroda and Ahmedabad received an information that a parcel containing smuggled goods was ''carried by the employee of the firm of M/s. Somabhai Kanchanlal and Co., accused No. 4 in the case, from Bombay to Ahmedabad. In total 11 parcels of the firm of accused No. 4 arrived at Ahmedabad Railway Station by Gujarat Mail on August 20, 1971. The parcels were in a break van. The parcels were received by an employee of the accused firm at Ahmedabad Railway Station at about 6.30 a.m. The parcels were then loaded in a hand-cart and taken to the office of the firm situated at Panchkuva, Ahmedabad. The Custom Officers followed the parcels keeping a watch over them. At about 9 or 9-30 a.m. the Manager of the firm of the accused at Ahmedabad was called at the office and in his presence and in the presence of two panchas the parcels were opened. One parcel was found to be wrapped with a session cloth. The hessian was removed and a parcel wrapped in brown pape...
Tag this Judgment!Smt. B.K. Mysorewala Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-21-1976
Reported in: (1977)18GLR482
D.A. Desai, J.1. Petitioner Smt. B.K. Mysorewala, questions the correctness of the order dated 29th October 1975 by which she was given the benefit of the higher pay with effect from 16th July 1975 and not with effect from 1-6-1967 as prayed for by her, and for a direction directing the respondents to pay the arrears of salary which would be payable to her once she is put in the scale of Rs. 200-340 from 1-6-1967.2. Few facts leading to the present petition may be stated. Petitioner is serving as Linen Keeper at the S.S.G. Hospital, Baroda since 1959. At the relevant time when she joined service she was put in the scale of Rs. 125-165 and by 1967 she had reached the maximum of this scale. First Gujarat State Pay Commission revised the pay-scale of the post held by the petitioner to Rs. 160-225. Petitioner came to know that there was post of Linen Keepers in other Hospitals owned and managed by State of Gujarat and all these Linen Keepers belong to one cadre and there were two scales in...
Tag this Judgment!Bhagawati Prasad G. Bhatt Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-20-1976
Reported in: (1977)1GLR562; (1978)ILLJ215Guj
D.A. Desai, J.1. Petitioner Bhagwati Prasad Gordhandas Bhatt, has questioned the correctness of the order Annexure 'C' dated 9th January, 1973 so far as has posting in Civil Defence Organisation and his continuity on department as per Annexure 'D' dated 24th May, 1974 to Civil Defence Organisation; and in the alternative he has prayed for a direction directing the respondents to grant all allowances admissible to him as Police Inspector in the Police Force of the State of Gujarat. 2. Facts leading to this petition lie within a narrow compass. Petitioner was selected as sub-inspector of Police in July, 1962 and was sent to Police Training School at Junagadh for pre-service training and he passed the training examination in November, 1963. By an order dated 20th December, 1969 Annexure 'A'. Petitioner with several others were allotted to Rajkot Range by the second respondent and the petitioner was actually posted in Kutch District. He was appointed as temporary probationary sub-inspector...
Tag this Judgment!Jadavji Devshanker (Since Deceased by His Heirs) Vs. Jiviben Lavji Rug ...
Court: Gujarat
Decided on: Jul-20-1976
Reported in: (1977)18GLR504
N.H. Bhatt, J.1. This second appeal arises out of execution proceedings. The appellants are heirs of the original judgment debtor against whom a decree of eviction from rented premises had come to be passed for the first time by the High Court in Second Appeal No 589 of 1965 decided by this High Court on 25-3-71. Lavji Ragnath, the husband of the respondent had filed the said suit for possession of the rented premises under the provisions of the Saurashtra Rent Act and the ground of eviction was non-payment of rent. Both the trial court and the appellate court, namely, the District Court, had dismissed the plaintiff's suit against which the above-mentioned Second Appeal had come to be filed in the High Court in the year 1965, as the number indicates. During the pendency of the said Second Appeal, said Lavji Ragnath died on 3-4-68, but the High Court and the respondents in the High Court did not know of the death of the sole appellant before the High Court. The High Court came to decide...
Tag this Judgment!The Mahalaxmi Pneumatic Roller Flour Mills (P.) Ltd. and ors. Vs. Stat ...
Court: Gujarat
Decided on: Jul-20-1976
Reported in: (1977)18GLR796
P.D. Desai, J.1. The petitioners are engaged in the business of running flour mills at different places in the State of Gujarat. Their business is to manufacture wheat products, namely, Maida, Suji Rava, resultant Attend Wheat Bran.2. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') the Central Government has made an order on September 9, 1957 which is called the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 (hereinafter referred to as 'the said Order') and it has come into force on October 1, 1957. Under Clause 3 of the said Order no owner or person in charge of a roller mill is to manufacture, or cause to be manufactured, any wheat product except under and in accordance with terms and conditions of a licence issued under the said Order. Under Clause 10 of the said Order the licensing authority is empowered to issue directions to licensees inter alia for the disposal of wheat products. In exer...
Tag this Judgment!Balubhai Amidas Khristi Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-13-1976
Reported in: (1978)19GLR535
D.A. Desai, J.1. Petitioner Balubhai A. Khristi has questioned the correctness, validity and legality of the order dated 9th March, 1972 made by the third respondent dismissing the petitioner from the service of the Kaira District Panchayat and order Annexure 'X' dated 12th November 1973, by the second respondent, confirming me order of dismissal in appeal preferred by the petitioner as also the order dated 19th March 1975 made by the 4th respondent confirming the order of dismissal in the revision application preferred by the petitioner against the order dismissing the appeal made by the second respondent.2. A few facts leading to the present petition may be stated. The petitioner was serving as a peon under the Kaira District Panchayat and at the relevant time was attached to the primary school at Petlad. In a raid carried out at one place in Petlad town by the local police on 1st November 1968 petitioner was alleged to be found gambling and along with several others was prosecuted f...
Tag this Judgment!Sim Maneklal Industries Ltd. Vs. V.K. Jain
Court: Gujarat
Decided on: Jul-09-1976
Reported in: 1979(4)ELT150(Guj)
S. Obul Reddi, C.J.1. The only question that arises in this special Civil Application directed against the order of the Assistant Collector, Central Excise, dated June 11, 1973 is whether Lobe Compressors come within the sweep of the definition 'Electric Fans, all sorts' in Item No. 33 of the First Schedule to the Central Excise and Salt Act I of 1944. The Superintendent of Central Excise by his letter dated January 4, 1972 called upon the petitioners, Messrs. SIM. Maneklal Industries Limited, to explain why Twin Lobe Compressors should not be subjected to excise duty at the rate provided in sub item (2) of Item No. 33. The petitioners in their reply pointed out the essential characteristics of Twin Lobe Compressors. They contended that they cannot be characterised as 'Electric Fans, all sorts' so as to make them exigible to duty under Item No. 33(2). The first respondent rejected the explanation of the petitioners and levied duty at 12 per cent ad valorem on the sales of Twin Lobe Com...
Tag this Judgment!Baroda Goods Transport Service (Through their Constituted Attorney Shr ...
Court: Gujarat
Decided on: Jul-08-1976
Reported in: (1977)18GLR597
P.D. Desai, J.1. The appellant, who will hereinafter be referred to as the petitioner, is a partnership firm and it carries on business of transport of goods since 1950. Its area of operation is Western India and it has its head office at Baroda.2. Two persons, namely, Dahyabhai Himatlal Shah and his brother Vadilal Himatlal Shah, were the managing partners of the petitioner firm. Both these persons were detained under MISA in September 1974 and at present their detention is continued under COFEPOSA. However, since their detention, the business of the partnership firm is looked after by one Suresh Dahyabhai Shah, who is the son of one of the managing partners and their constituted attorney.3. There is a telephone connection at the petitioner-firm's head office at Baroda since last about twelve years. By a letter dated February 26, 1976 (Exhibit 'A'), the petitioner was informed by the Divisional Engineer, Telephones, Baroda Division, Baroda that its telephone connection to Baroda Auto ...
Tag this Judgment!Satsangi Shishuvihar Kelavani Trust and ors. Vs. P.N. Patel and ors.
Court: Gujarat
Decided on: Jul-05-1976
Reported in: (1977)18GLR615
J.B. Mehta, Ag. C.J.1. The petitioner-registered trust in the first petition challenges the order of the Tribunal under the Gujarat Secondary Education Act, 1972, (here in a Her referred to as 'the Act'), dated September 1, 1975, at Annexure C, by which the Tribunal has declared invalid the notice terminating the services of opponent No. 1 teacher and it has further declared that opponent no 1. Teacher continued in service and would be entitled to receive his back wages. Opponent No. 1 was engaged in this school on June 11, 1973, as a probationer. A show cause notice was issued to this teacher on April 4, 1975 at Annex, A, on various grounds mentioned in the said notice. The teacher had submitted his reply on April 9, 1975. The management had proposed termination of the service of this teacher and had sought approval of the D.E.O. under Section 36(1)(b) of the Act as the D.E.O. was the officer authorised in this behalf by the Board. This proposal was received by the D.E.O. on April 16,...
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